The Uncertain Hour Marketplace

Jerry Vazquez always dreamed of working for himself. So when he saw a notice in the PennySaver advertising janitorial franchises, he decided to go all in. Pretty soon after, he was in debt to the company and earning less than minimum wage doing a really dirty job. He’d wanted his own business — and on paper, he did — but it felt like something entirely different.

Correction (Feb. 4, 2021): A previous version of this podcast description misspelled Jerry Vazquez’s name. The text has been corrected.

Jerry Vazquez was in the cleaning business now, and his clients liked him. They’d leave him notes, some with smiley faces drawn in. But, he says, he was barely getting by on the rates negotiated by Jan-Pro. He started feeling like had little control over a business that he owned. As Jerry would soon find out, some of Jan-Pro’s other franchisees felt similarly — they were stuck. So Jerry decided it was time to fight back.

For even more of “The Uncertain Hour,” subscribe to our newsletter! Each week we’ll bring you a note from host Krissy Clark and explain some terms that have come up in our reporting. This week’s word is “franchise.”

This week we’re finally going to tell you what happened to Jerry Vazquez — and how his story relates to the 1930s case of a hotel chambermaid. Jerry and some of his fellow Jan-Pro franchisees decided to sue the company, saying they’d been misclassified as independent contractors when they should have been employees (and entitled to minimum wage, over time, and other protections). But the argument over what defines an employee has a long and strange legal history. So, we’ll dive in and explore the origins of the federal minimum wage, why lawmakers wrote the law as broadly as they did, whom it applied to and whom it excluded. And we’ll tell you about this odd but powerful phrase, “to suffer or permit to work,” that’s at the heart of lawsuits like Jerry’s.



For even more of “The Uncertain Hour,” subscribe to our newsletter! Each week we’ll bring you a note from host Krissy Clark and explain some terms that have come up in our reporting. This week we’re looking at “misclassification.”

Over a quarter of the world’s largest employers don’t just make or sell products — they also rent out workers. Let’s talk about how we got here.

For even more of “The Uncertain Hour,” subscribe to our newsletter! Each week we’ll bring you a note from host Krissy Clark and explain some terms that have come up in our reporting. This week we’re looking at “core competence.”

When chicken catcher Jimmy Nicks’ job was subcontracted, virtually overnight, he started doing the same job for a new boss — only without the pay, protections and benefits he’d come to rely on. This episode looks at the subcontracting system that makes worker pay and safety someone else’s responsibility.



For even more of “The Uncertain Hour,” subscribe to our newsletter! Each week we’ll bring you a note from host Krissy Clark and explain some terms that have come up in our reporting. This week we’re looking at “piece rate.”

After Jimmy Nicks’ job was subcontracted, he took both companies to court — the subcontractor he worked for and its client, Koch Foods. The “little boss” and the “big boss.” His case hinged in part on those familiar six words, “to suffer or permit to work,” and this week we’ll revisit their origins. The story begins at the scene of a deadly fire at the Triangle Shirtwaist Factory, where one witness would go on to devote her life’s work to prevent such tragedies from happening again. A century later, the law she helped craft, the Fair Labor Standards Act, served as the legal basis for Jimmy’s case — and others. 



For even more of “The Uncertain Hour,” subscribe to our newsletter! Each week we’ll bring you a note from host Krissy Clark and explain some terms that have come up in our reporting. This week we’re looking at “sweating system.”